State v. Atlas’s Empirical Analysis

Citation profile

13 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The determination as to whether a given offense shall be defined as a felony or as a misdemeanor rests with the Legislature, and, on such declaration, that body- has the right, after declaring a certain offense to be a felony, or after fixing punishment which, brands the offense as that grade of crime, to provide alternate punishments of such nature as apply ordinarily to misdemeanors, to be imposed in the discretion of the court; but this discretion to mitigate the punishment, after conviction, does not alter the nature of the crime of which the defendant has been duly convicted.” (Emphasis supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. In re Gibson

2. “"When a crime, punishable by imprisonment in the state prison, is also punishable by fine or imprisonment in a county jail, in the discretion of the court or jury, it is a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the state prison."”

   1 later decision quote this exact passage · from the majority
   e.g. Melton v. Oleson

3. “"A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime is a misdemeanor."”

   1 later decision quote this exact passage · from the majority
   e.g. Melton v. Oleson